By:  Haywood                                          S.B. No. 1591

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the authority of the Texas Natural Resource

 1-2     Conservation Commission regarding pollution control or abatement

 1-3     flexibility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5                 SECTION 1.  Subchapter D, Chapter 5, Water Code, is

 1-6     amended by adding Section 5.123 to read as follows:

 1-7           Sec. 5.123.  REGULATORY FLEXIBILITY.  (a)  The commission by

 1-8     order may exempt an applicant from a requirement of a commission

 1-9     rule regarding the control or abatement of pollution if the

1-10     applicant proposes to control or abate pollution by an alternative

1-11     method or by applying an alternative standard that is:

1-12                 (1)  at least as protective of the environment and the

1-13     public health as the method or standard prescribed by the

1-14     commission rule that would otherwise apply; and

1-15                 (2)  consistent with state and federal law.

1-16           (b)  The commission by rule shall specify the procedure for

1-17     obtaining an exemption under this section.  The rules must provide

1-18     for notice to affected persons and for public participation in a

1-19     proceeding involving an application for an exemption under this

1-20     section.

1-21           (c)  The commission's order must provide a specific

 2-1     description of the alternative method or standard and condition the

 2-2     exemption on compliance with the method or standard as the order

 2-3     prescribes.

 2-4           (d)  The commission by rule may establish a reasonable fee

 2-5     for applying for an exemption under this section.

 2-6           (e)  A violation of an order issued under this section is

 2-7     punishable as if it were a violation of the rule from which the

 2-8     order grants an exemption.

 2-9           SECTION 2.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended,

2-14     and that this Act take effect and be in force from and after its

2-15     passage, and it is so enacted.